Although every state regulates and controls the sale of controlled dangerous substances (CDS), each differs in its exact definition of CDS and the penalties for their sale. Delaware classifies not only well-known drugs like marijuana, heroin and cocaine as controlled substances, but also the compounds used to manufacture them.
This article concerns sale of CDS only. Separate punishments apply to possession of CDS for personal use.
For information about possession of controlled substances for personal use, see Possession of a Controlled Substance in Delaware.
Learning the Possible Punishments for CDS Sale
If you are facing charges for the sale of controlled dangerous substances and would like to know what you may be facing in terms of punishment, you'll need to know the name of the substance you're charged with selling, and the amount involved. Then:
- Determine which "Schedule" the substance belongs to (see "How Delaware Classifies CDS," below).
- Determine the appropriate criminal "tier," based on the amount and type of CDS (see "Division of CDS Sales Crimes," below).
- Consult the "Aggravating Factors" section below, to learn whether your case involves any of them.
- Determine which felony "Class" your offense fits into (see "Felonies," below). Note that not every felony classification will involve referencing the Schedule; some felony classifications are based on tier status only. The sentence is tied to the felony class.
How Delaware Classifies CDS
Delaware divides its CDS into five “schedules,” according to their likelihood for abuse.
- Schedule I drugs (such as heroin) are those that have a high potential for abuse and have no accepted medical use.
- Schedule II drugs (such as opium and methadone) have a high potential for abuse, have an accepted medical use, and have the potential for severe psychic and physical dependence. .
- Schedule III drugs (such as anabolic steroids) have a potential for abuse less than Schedule I or II drugs, have an accepted medical use, and may lead to low or moderate physical dependence and high psychological dependence.
- Schedule IV drugs (such as diazepam and zolpidem) have a lower potential for abuse than Schedule III drugs, have an acceptable medical use, and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
- Schedule V drugs have the lowest potential for abuse relative to Schedule IV CDS, have a currently accepted medical use, and have a limited risk of physical or psychological dependence relative to Schedule IV CDS. Schedule V drugs include medicines that contain very small amounts of specified narcotic drugs. (Delaware Uniformed Controlled Substance Act Sections 4711 to 4722.)
Division of CDS Sales Crimes
For the purpose of punishment, Delaware divides CDS into five tiers depending on the amount of CDS involved in the offense. Tier 1 quantities involve the least amount of CDS, while Tier 5 quantities involve the greatest amount of CDS.
Tier 1
Tier 1 quantities include:
- five grams or more of cocaine or of any mixture that contains cocaine
- one gram or more of morphine, opium, or heroine
- 175 grams or more of marijuana or of any mixture that contains marijuana
- five grams or more of methamphetamine or any mixture that contains methamphetamine
- five grams or more of amphetamine or of any mixture that contains methamphetamine
- five grams or more of phencyclidine or of any mixture that contains phencyclidine
- 25 doses or more or, in a liquid form, 2.5 milligrams or more of LSD or any mixture that contains LSD
- 12.5 doses or more, or 2.5 grams or more, or 2.5 milliliters or more of a designer drug or any mixture that contains a designer drug, or
- 12.5 doses or more, or 2.5 grams or more, or 2.5 milliliters or more of MDMA or any substance that contains MDMA.
Tier 2
Tier 2 quantities include:
- ten grams or more of cocaine or of any mixture that contains cocaine
- two grams or more of morphine, opium, or heroin
- 1500 grams or more of marijuana
- ten grams or more of methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture that contains methamphetamine
- ten grams or more of amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture that contains amphetamine;
- ten grams or more of phencyclidine, or of any mixture that contains phencyclidine
- ten doses or more or, in a liquid form, five milligrams or more of LSD or of any mixture that contains LSD
- 25 doses or more, or five grams or more, or five milliliters or more of a designer drug or mixture that contains a designer drug
- 25 doses or more, or five grams or more, or five milliliters or more of MDMA or any mixture that contains MDMA, or
- 30 or more substantially identical doses of a Schedule II or III prescription narcotic, or three grams or more of any mixture that contains a Schedule II or III CDS prescription narcotic.
Tier 3
Tier 3 quantities include:
- 15 grams or more of cocaine or of any mixture that contains cocaine
- three grams or more of morphine, opium or heroine
- 3000 grams or more of marijuana
- 15 grams or more of methamphetamine, including its salt, isomer, or salt of an isomer
- 15 grams or more of amphetamine, including its salts, optical isomers, and salt of its optical isomers
- 15 grams or more of phencyclidine or of any mixture that contains phencyclidine
- 100 doses or more or, in its liquid form, ten milligrams or more of LSD or any mixture that contains LSD
- 37.5 doses or more, or 7.5 grams or more, or 7.5 milliliters or more of a designer drug or any mixture that contains a designer drug, or
- 37.5 doses or more, or 7.5 grams or more, or 7.5 milliliters or more of MDMA or any mixture that contains MDMA
Tier 4
Tier 4 quantities include:
- 20 grams or more of cocaine or of any mixture that contains cocaine
- four grams or more of morphine, opium, or heroin
- 4000 grams or more of marijuana
- 20 grams or more of methamphetamine, including its salt, isomer or salts of an isomer
- 20 grams or more of amphetamine, including its salts, optical isomers, and salt of its optical isomers
- 20 grams or more of phencyclidine, or of any mixture that contains phencyclidine
- 250 doses or more or, in a liquid form, 25 milligrams or more of LSD or any mixture that contains LSD
- 50 doses or more, or ten grams or more, or ten milliliters or more of a designer drug or a mixture that contains designer drugs
- 50 doses or more, or ten grams or more, or ten milliliters or more of MDMA, or
- 60 doses or more substantially identical doses of a Schedule II or III prescription narcotic, or six grams or more of any mixture that contains a Schedule II or III prescription narcotic.
Tier 5
Tier 5 include quantities include:
- 25 grams or more of cocaine or of any mixture that contains cocaine
- five grams or more of morphine, heroine, or opium
- 5000 grams or more of marijuana
- 25 grams or more of methamphetamine or of any mixture that contains methamphetamine
- 25 grams or more of amphetamines or of any mixture that contains amphetamines
- 25 grams or more of any mixture that contains phencyclidine
- 500 doses or more of LSD, or 50 milligrams of LSD, or of any mixture that contains LSD
- 62.5 doses or more, or 12.5 grams or more, or 12.5 milliliters or more of a designer drug or any mixture that contains a designer drug, or
- 62.5 grams or more, or 12.5 grams or more, or 12.5 milliliters or more of MDMA, or of any mixture that contains MDMA.
(Delaware Controlled Substance Act Section 4751C.)
Aggravating Factors
Delaware imposes harsher penalties for CDS crimes that include aggravating factors. An aggravating factor exists if:
- The offense was committed within a protected school zone, park or recreation area, or place of worship.
- The offense occurred in a vehicle.
- The crime involved a person under the age of 18, either as an accomplice or the intended recipient of the CDS, and the defendant was an adult more than four years older than the minor.
- The defendant, either during or immediately after the crime, attempted to prevent the arrest or detention with the use of force or violence.
- The defendant, either during or immediately after the crime, tried to flee in a vehicle while the officer attempted to arrest or detain the defendant.
(Delaware Controlled Substance Act Section 4751A.)
Felonies
The sale of, or possession with the intent to sell, CDS is a felony. Delaware divides CDS felonies into seven classes, depending on the tier involved. CDS sales are charged as Class B, C, D, E, or F felonies. Class B felonies involve Tier 1 quantities and incur the harshest penalties.
Class F felony
Possession, for any reason, of CDS in a Tier 1 quantity is a Class F felony and is punishable by a period of up to three years of incarceration.
Class E felony
Possession, for any reason, of CDS in a Tier 2 quantity is a Class E felony and is punishable by up to five years of incarceration.
Class D felony
A Class D felony is punishable by up to eight years of incarceration. Class D felony possession includes:
- the possession, regardless of intent, of CDS in a Tier 3 quantity, or
- the possession, regardless of intent, of CDS in a Tier 1 quantity, with an aggravating factor.
Class C felony
A Class C felony is punishable by up to 15 years of incarceration. Class C felony possession includes:
- the delivery, or possession with the intent to deliver CDS in a Tier 2 quantity
- the delivery, or possession with the intent to deliver CDS with an aggravating factor
- possession, for any reason, of CDS in a Tier 4 quantity
- possession, for any reason, of CDS in a Tier 2 quantity with an aggravating factor, or
- possession, for any reason, of CDS in a Tier 1 quantity with at least two aggravating factors.
Class B felonies
A Class B felony is punishable by two to 25 years of incarceration. Class B felony possession includes:
- the delivery, or possession with the intent to deliver, CDS in a Tier 4 quantity
- the delivery, or possession with the intent to deliver, CDS in a Tier 2 quantity with an aggravating factor
- possession, for any reason, of CDS in Tier 5 quantity
- possession, for any reason, of CDS in a Tier 3 quantity with an aggravating factor, or
- possession, for any reason, of CDS in a Tier 2 quantity with at least two aggravating factors.
(Delaware Controlled Substance Act Section 4752 through 4756, and Delaware Classification of Offenses Section 4214.)
Habitual Offenders
Multiple convictions for the sale of CDS can result in life in prison. For more information on Delaware’s habitual offender statute, you should review Delaware’s Classification of Offenses Section 4214.
Talk To An Attorney
A conviction for the sale of CDS can result in extended periods of incarceration. To ensure that you understand the charges you face, the penalties involved, your options, and the possible outcomes you should consult an attorney who is experienced in handling CDS cases.
